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Judgment
Budihal. R.B, J.—This petition is filed by the petitioners-accused Nos. 1, 2 and 4 u/s 438 of Cr.P.C. seeking a direction to the respondent police that in the event of their arrest, they be released on bail of the offences punishable under Sections 193, 199, 209, 415 to 418, 468, 471, 419 and 420 of IPC registered by way of a private complaint No. 455/2013 on the file of the Magistrate Court at Malur and now, the matter is referred to the police for investigation in Crime No. 1/2014 to submit the report.
I have heard the learned Counsel appearing for the petitioners-accused Nos. 1, 2 and 4 and the learned High Court Government Pleader appearing for the respondent-State.
Learned Counsel for the petitioners, during the course of the arguments, submitted that the dispute between the parties is civil in nature and it is in respect of Sy. No. 24 measuring 14.30 acres situated at Chandanahalli village, Lakkur Hobli, Malur Taluk. It is also contended that the petitioners have approached this Court by filing a writ petition in W.P. No. 12250/2011 seeking an order to enter their names in the revenue records at the office of the Malur Tahasildar. This Court by order dated 1.2.2011 allowed the said writ petition. Hence, he submitted that the petitioners have not at all committed the alleged offence. They are innocent and they have been falsely implicated in the case. The learned Counsel further submitted that by imposing reasonable conditions, the petitioners may be admitted to bail.
As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that the offence alleged against the petitioners and the other accused persons is cheating and forgery. He submitted that the petitioners have created false documents to meet their claim in Sy. No. 24 referred above. The learned HCGP submitted that the matter is referred to the police and it is under investigation. At this stage, the petitioners are not entitled to be released on bail.
I have perused the averments made in the bail petition, FIR, complaint and the other materials on record. It is contended at para 14 of this petition that the petitioners had approached this Court in W.P. No. 12250/2011 for an order to enter their names in the revenue records at the office of the Malur Tahasildar and the same was disposed of on 1.12.2011. In this regard, learned Counsel for the petitioners have also produced a copy of the order passed by the order of this Court. Learned Counsel for the petitioners submitted that the matter is also pending before the offence of the Deputy Commissioner, Kolar. In this regard, he has produced the copy of the documents. Looking to all these materials produced by the petitioners, prima facie, the dispute between the parties appears to be civil in nature. Further, the complaint made by the complainant is a private complaint before the Magistrate Court and now it is referred to the police for investigation and to submit report. The offences alleged are all triable by the Magistrate Court and they are not punishable for death or imprisonment for life. So far as apprehension of the prosecution that if bail is granted, the petitioners may abscond and they may tamper the prosecution witnesses is concerned, reasonable conditions can be imposed on the petitioners and if there is violation of any of the conditions, the prosecution is at liberty to apply for cancellation of bail.
Therefore, looking to the materials on record and also the order passed by this Court in the writ petition referred to above, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioners.
In the result, The petition is allowed. The respondent police are directed to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 193, 199, 209, 415 to 418, 468, 471, 419 and 420 of IPC registered in Crime No. 1/2014, subject to the following conditions:
I. Each petitioner shall execute bond for a sum of Rs. 25,000/- (Rupees Twenty five thousand only) and shall offer one surety for the likesum to the concerned Magistrate Court.
II. The petitioners shall appear before the investigating officer for the purpose of interrogation, whenever called upon to do so.
III. The petitioners shall not intimidate or tamper with prosecution witnesses, directly or indirectly.
IV. The petitioners shall attend before the respondent police station on every Sunday between 10.00 a.m. and 11.00 a.m. till completion of investigation.
V. The petitioners shall appear before the concerned Magistrate Court within thirty days from the date of this order and shall execute personal bond as well as surety bond.